Intelligence & Surveillance

Just Security’s expert authors provide legal and policy analysis of intelligence and surveillance activities, focusing on their impact on national security and on civil liberties and privacy rights, and their oversight by Congress and the courts.

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The Facebook login page on a computer screen. The screen is partly blacked-out to show only a circle revealing “Facebook – Facebook helps you…the people in your…”

Top Experts: Can Facebook Legally Disclose Russian Ads–What Does the Stored Communications Act say?

I asked several of the most highly respected legal experts for their views on an issue yet to receive significant attention in the news: whether and to what extent, if any, a federal…

Happy PATRIOT Act Day!

On this day, 16 years ago, President George W. Bush signed into law the most sweeping, publicly acknowledged domestic surveillance authority in American history. Enacted six weeks…

Treasury’s Turf War Over Domestic Spying

BuzzFeed News recently reported serious allegations that the Treasury Department’s Office of Intelligence Affairs (OIA) is illegally accessing and analyzing the ­financial records…

Episode 42 of the National Security Law Podcast: The Magic Bullet Travel Ban(d)

In this week’s episode, Bobby Chesney and I start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within…
Clouds pass over the U.S. Capitol on March 7, 2017 in Washington, DC.

Closing Section 702’s Front-Door Search Loophole: A Critical Protection for Americans

As the December 31st expiration date for Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches, the debate over reauthorization is in full swing. Most of the…
John B. Bellinger, III, Kathryn Ruemmler, Lisa Monaco, and Ryan Goodman sit on a panel at NYU Law.

NYU Law Forum: “National Security: The Role of Senior Advisers in the White House”

On October 18, the Latham & Watkins Forum at NYU Law presented discussion on “National Security: The Role of Senior Advisers in the White House.” Just Security…
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Recap of Recent Pieces on Just Security (Oct. 14-20)

ISIS, Iraq, Syria, and Yemen Amarnath Amarasingam, Jade Parker, and Charlie Winter, ISIS’s Vegas Claim Tells Us More about the Group Than About the Attacker Nadim Houry, What…

The Rhetoric of “Responsible Encryption”

Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption that prompted a considerable amount of well-deserved blowback. His speech rehashed a number of…
U.S. Attorney General Jeff Sessions testifies before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill October 18, 2017 in Washington, DC.

Sessions Changes his Story on Russian Contacts in Senate Testimony

On Wednesday, Attorney General Jeff Sessions changed his story yet again about what he discussed with Russian officials during the 2016 election. While he initially denied having…

Responsibility and the Encryption Debate: A Response to DAG Rosenstein

Deputy Attorney General Rod Rosenstein. Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption at the U.S. Naval Academy, solidifying the Trump administration’s…
U.S. Attorney General Jeff Sessions is sworn-in prior to testifying before the Senate Intelligence Committee on Capitol Hill June 13, 2017 in Washington, DC.

AG Sessions’ Shifting and False Statements to Congress on Russia

Attorney General Jeff Sessions will appear before the Senate Judiciary Committee on Wednesday for an oversight hearing. This is the first time Sessions will come before the Senate…

Surveillance “Reform”: The Fourth Amendment’s Long, Slow, Goodbye

Over 16 years after the 9/11 attacks and the subsequent repeated passage or renewal of draconian “temporary” but “emergency” domestic surveillance laws in response, it’s…
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